No Result
View All Result
  • MISSION STATEMENT
  • CONTACT
  • BE PART OF QUALITY JOURNALISM
  • ARCHIVE
Friday, September 22, 2023
E-Paper
Kashmir Observer
17 °c
Srinagar
  • NEWSLIVE
    • TOP STORIES
    • LOCAL
    • CITY
    • REGIONAL
    • WORLD
  • IN DEPTH
    • FEATURE
    • HEADS & TAILS
    • OPINION
      • OPINION
      • EDITORIAL
      • KO ANALYSIS
      • LETTERS TO EDITOR
    • SPECIAL REPORT
    • INTERVIEW
    • REVIEW
      • BOOKS
    • LONGFORM
  • BUSINESS
    • BUSINESS NEWS
    • MARKET
    • ENERGY
    • HORTICULTURE
    • HANDICRAFTS
    • CARS & BIKES
    • STARTUP KASHMIR
  • SPORT
    • FOOTBAL
    • CRICKET
    • ADVENTURE SPORTS
    • GOLF
    • ATHLETICS
    • SKIING
    • OTHER SPORTS
  • MEDIA
  • PEOPLE
  • CULTURE
    • KHYEN CHYEN
    • ARTS
    • CRAFTS
    • FESTIVALS
    • THEATER
    • LANGAUGE
  • TRAVEL
    • HOUSEBOATS
    • HOTELS
    • ANGLING
    • CAMPING
    • DESTINATION FOCUS
  • SOCIETY
    • EDUCATION
    • HEADS & TAILS
    • GENDER
    • YOUTH
    • CHILD WELFARE
  • LITERATURE
    • SHORT STORY
    • BOOKS
    • NARRATIVE
  • CINEMA
    • CINEMA & TV
  • ePAPERS
    • BAZAAR OBSERVER
    • YOUNG KASHMIR
    • MIZRAB
  • NEWSLIVE
    • TOP STORIES
    • LOCAL
    • CITY
    • REGIONAL
    • WORLD
  • IN DEPTH
    • FEATURE
    • HEADS & TAILS
    • OPINION
      • OPINION
      • EDITORIAL
      • KO ANALYSIS
      • LETTERS TO EDITOR
    • SPECIAL REPORT
    • INTERVIEW
    • REVIEW
      • BOOKS
    • LONGFORM
  • BUSINESS
    • BUSINESS NEWS
    • MARKET
    • ENERGY
    • HORTICULTURE
    • HANDICRAFTS
    • CARS & BIKES
    • STARTUP KASHMIR
  • SPORT
    • FOOTBAL
    • CRICKET
    • ADVENTURE SPORTS
    • GOLF
    • ATHLETICS
    • SKIING
    • OTHER SPORTS
  • MEDIA
  • PEOPLE
  • CULTURE
    • KHYEN CHYEN
    • ARTS
    • CRAFTS
    • FESTIVALS
    • THEATER
    • LANGAUGE
  • TRAVEL
    • HOUSEBOATS
    • HOTELS
    • ANGLING
    • CAMPING
    • DESTINATION FOCUS
  • SOCIETY
    • EDUCATION
    • HEADS & TAILS
    • GENDER
    • YOUTH
    • CHILD WELFARE
  • LITERATURE
    • SHORT STORY
    • BOOKS
    • NARRATIVE
  • CINEMA
    • CINEMA & TV
  • ePAPERS
    • BAZAAR OBSERVER
    • YOUNG KASHMIR
    • MIZRAB
No Result
View All Result
Kashmir Observer
No Result
View All Result
Home NEWS REGIONAL

HC Asks Centre To Respond To Pleas By FB, WhatsApp Challenging IT Rules

by Press Trust of India
August 27, 2021
A A
0
SHARES
21
VIEWS

 

Representational Pic

New Delhi- The Delhi High Court Friday asked the Centre to reply to pleas by Facebook and WhatsApp challenging the new IT rules for social media intermediaries requiring the messaging app to trace chats and make provisions to identify the first originator of information.

The pleas have challenged the new rules on the grounds that they violate the right to privacy and are unconstitutional.

ADVERTISEMENT

A bench of Chief Justice D N Patel and Justice Jyoti Singh issued notice asking the Centre, through the Ministry of Electronics and Information Technology, to file reply on the petition as well as the application for stay on the implementation of the Rules.

The court listed the matter for further hearing on October 22.

Read Also

LD Shocker! Probe Ordered Into Fake Doctors Entry Inside Labour Room

Challenge Of Opposition

The counsel for the Centre said the main advocate was not available and sought an adjournment which was opposed by senior advocates Harish Salve and Mukul Rohatgi, appearing for WhatsApp and Facebook respectively.

The Facebook owned company, WhatsApp, in its plea said the requirement of intermediaries enabling the identification of the first originator of information in India upon government or court order puts end-to-end encryption and its benefits “at risk”.

WhatsApp LLC has urged the high court to declare Rule 4(2) of the Intermediary Rules as unconstitutional, ultra vires to the IT Act and illegal and sought that no criminal liability be imposed on it for any alleged non-compliance with Rule 4(2) which requires enabling the identification of the first originator of information.

WhatsApp said the traceability provision is unconstitutional and against the fundamental right to privacy.

The plea said the traceability requirement forces the company to break end-to-end encryption on its messaging service, as well as the privacy principles underlying it, and infringes upon the fundamental rights to privacy and free speech of the hundreds of millions of citizens using WhatsApp to communicate privately and securely.

It said WhatsApp enables government officials, law enforcement, journalists, members of ethnic or religious groups, scholars, teachers, students, and the like to exercise their right to freedom of speech and expression without fear of retaliation.

WhatsApp also allows doctors and patients to discuss confidential health information with total privacy, enables clients to confide in their lawyers with the assurance that their communications are protected, and allows financial and government institutions to trust that they can communicate securely without anyone listening to their conversations, it said.

There is no way to predict which message will be the subject of such a tracing order. Therefore, the petitioner would be forced to build the ability to identify the first originator for every message sent in India on its platform upon request by the government forever. This breaks end-to-end encryption and the privacy principles underlying it, and impermissibly infringes upon users’ fundamental rights to privacy and freedom of speech, the petition said.

It claimed that Rule 4(2) infringes upon the fundamental right to privacy without satisfying the three-part test set forth by the Supreme Court in K S Puttaswamy judgement — legality, necessity and proportionality.

It said the rule violates the fundamental right to freedom of speech and expression as it chills even lawful speech and citizens will not speak freely for fear that their private communications will be traced and used against them, which is antithetical to the very purpose of end-to-end encryption.

Rule 4(2) states that a significant social media intermediary which provides services primarily in the nature of messaging shall enable the identification of the first originator of the information on its computer resource as may be required by a judicial or government order.

As per data cited by the government, India has 53 crore WhatsApp users, 44.8 crore YouTube users, 41 crore Facebook subscribers, 21 crore Instagram users, while 1.75 crore account holders are on microblogging platform Twitter.

The new rules were introduced to make social media platforms like Facebook, WhatsApp, Twitter and Instagram — which have seen a phenomenal surge in usage over the past few years in India — more accountable and responsible for the content hosted on their platform.

Social media companies will have to take down posts depicting nudity or morphed photos within 24 hours of receiving a complaint.

Notably, the rules require significant social media intermediaries — providing services primarily in the nature of messaging — to enable identification of the “first originator” of the information that undermines sovereignty of India, security of the state, or public order.

This could have major ramifications for players like Twitter and WhatsApp.

Follow this link to join our WhatsApp group: Join Now

Be Part of Quality Journalism

Quality journalism takes a lot of time, money and hard work to produce and despite all the hardships we still do it. Our reporters and editors are working overtime in Kashmir and beyond to cover what you care about, break big stories, and expose injustices that can change lives. Today more people are reading Kashmir Observer than ever, but only a handful are paying while advertising revenues are falling fast.

ACT NOW
MONTHLYRs 100
YEARLYRs 1000
LIFETIMERs 10000

CLICK FOR DETAILS

ShareTweetSendShareShareSend
Previous Post

PG Admission Completion Process To Resume At KU From August 31

Next Post

Suicide Attack On Kabul Airport, Over 100 Killed

Press Trust of India

Press Trust of India

Related Posts

LD Shocker! Probe Ordered Into Fake Doctors Entry Inside Labour Room
TOP STORIES

LD Shocker! Probe Ordered Into Fake Doctors Entry Inside Labour Room

Challenge Of Opposition
EDITORIAL

Challenge Of Opposition

Desh Bhagat University Fraud: Kashmiri Students Hail Action
TOP STORIES

Desh Bhagat University Fraud: Kashmiri Students Hail Action

PSA Detention Invalid If Representation Not Considered: J&K HC
TOP STORIES

PSA Detention Invalid If Representation Not Considered: J&K HC

Centre Grants 265 DNB Medical Seats To J&K
TOP STORIES

J&K Wins Praise From NITI Aayog For DNB Implementation

Police Officer Sheikh Adil Arrested In Srinagar
TOP STORIES

J&K Police DySP Sheikh Adil Arrested On Graft Charges

Next Post
Suicide Attack On Kabul Airport, Over 100 Killed

Suicide Attack On Kabul Airport, Over 100 Killed

Mumbai Teen Spends ₹ 10 Lakh From Mother’s Account On PUBG, Runs Away

Mumbai Teen Spends ₹ 10 Lakh From Mother's Account On PUBG, Runs Away

Please login to join discussion

Pages

  • ABOUT US
  • ADVERTISE IN KO
  • ARCHIVE
  • BE PART OF QUALITY JOURNALISM
  • CONTACT
  • CONTRIBUTORS
  • INTERNSHIPS AT OBSERVER
  • JOBS@KO
  • KO – Homepage
  • MISSION STATEMENT
  • POLICIES
    • COMMENTING GUIDELINES
    • COOKIE POLICY
    • DISCLAIMER
    • PRIVACY POLICY
    • TERMS
  • Refund Policy
  • Team

SEARCH IN ARCHIVE

No Result
View All Result

FOLLOW US

About Us

The media in Kashmir, comprising a robust English and vernacular press has a particularly unenviable job to do. The problems faced by it are both universal to the conflict situations and unique to the region. Read More

Advertising

For Advertising on various Kashmir Observer platforms
contact

[email protected]
+91-194-2502327; +91-1947969705

© 1997 -2023 | KASHMIR OBSERVER LLP

No Result
View All Result
  • NEWS
    • TOP STORIES
    • LOCAL
    • CITY
    • REGIONAL
    • WORLD
  • IN DEPTH
    • FEATURE
    • HEADS & TAILS
    • OPINION
      • OPINION
      • EDITORIAL
      • KO ANALYSIS
      • LETTERS TO EDITOR
    • SPECIAL REPORT
    • INTERVIEW
    • REVIEW
      • BOOKS
    • LONGFORM
  • BUSINESS
    • BUSINESS NEWS
    • MARKET
    • ENERGY
    • HORTICULTURE
    • HANDICRAFTS
    • CARS & BIKES
    • STARTUP KASHMIR
  • SPORT
    • FOOTBAL
    • CRICKET
    • ADVENTURE SPORTS
    • GOLF
    • ATHLETICS
    • SKIING
    • OTHER SPORTS
  • MEDIA
  • PEOPLE
  • CULTURE
    • KHYEN CHYEN
    • ARTS
    • CRAFTS
    • FESTIVALS
    • THEATER
    • LANGAUGE
  • TRAVEL
    • HOUSEBOATS
    • HOTELS
    • ANGLING
    • CAMPING
    • DESTINATION FOCUS
  • SOCIETY
    • EDUCATION
    • HEADS & TAILS
    • GENDER
    • YOUTH
    • CHILD WELFARE
  • LITERATURE
    • SHORT STORY
    • BOOKS
    • NARRATIVE
  • CINEMA
    • CINEMA & TV
  • ePAPERS
    • BAZAAR OBSERVER
    • YOUNG KASHMIR
    • MIZRAB

© 1997 -2023 | KASHMIR OBSERVER LLP